The Council meeting this week began with the Presentations and Proclamations. Retiring Executive Director of the Newark Chamber of Commerce, Gloria Davis, received a commendation in appreciation of her work with the Chamber. The week of June 5 - 13, 2004 was proclaimed Affordable Housing Week and the month of June was proclaimed Business Appreciation Month. In addition, a special presentation was given to the Newark Unified School District's students and teachers of the year. The Rotary Club selected a Student of the Year and a Teacher of the Year from elementary schools, the Junior High School, and Newark Memorial High School. From Bunker, Cheryl Patel and teacher Judy Pino; Graham, Aira Hipolito and teacher Amy Hauschilt; Kennedy, Marina Toft and teacher Margaret May; Lincoln, Jennifer Rai and teacher Sue Bohmann; Milani, Mathew Prasad and teacher Kumi Wakabayashi; Musick, Fiona Hui and teacher Barbara Medeiros; Schilling, Elaine Chong and teacher Carolyn Zeljak; Snow, Erica Kasson and teacher Linda Simpson; Newark Memorial Junior High School, Long Tran and teacher Katherine Martinez; Newark Memorial High, Jagmohan Jandu and teacher Rich Swift; Bridgepoint High School, Carlos Mendez; alternative schools, teacher Richard Nikssarian; Ruschin Adult School, teacher Laurie Anne Rosenblatt; and from Progressive Academy, Rory Williams.

During the Public Hearings, a conditional use permit for a circus (Circus Chimera) to be held in the NewPark Mall parking lot with performances from July 19, 2004 through July 22, 2004 and authorization to waive the application fee was approved.

Next, an ordinance that requires all housing projects above a certain size to "include 10 to 20 percent affordable housing," under Newark's Housing Element, was approved. This program requires housing developers to contribute to the affordable housing stock in the City. Nonresidential development increases the need for affordable housing, so a nonresidential project housing impact fee was also approved. New nonresidential development projects will pay a fee which the City will use to provide affordable housing.

The first seven Consent items were approved simultaneously. Initiation of proceedings, confirmation of Engineer's Report, ordering of improvements, and levying of the first annual assessment for Landscaping and Lighting District No. 17 for Tract 7004 was approved. Santa Clara Development, head of Tract 7004 on Mayhews Landing Road, Newark Boulevard, and Bellhaven Avenue, was required to participate in a Landscaping and Lighting District. It will involve landscape maintenance activities by the City within the backup areas along Newark Boulevard and Mayhews Landing road.

Also approved was authorization for the Mayor to sign an agreement with the Association of Bay Area Governments Publicly Owned Energy Resources (ABAG POWER) for release of suspended and surplus funds for electricity aggregation services. Next was authorization for the Fire Chief to apply for and accept funding from the California Integrated Waste Management Board for the 2004-2007 13th Cycle Local Government Household Hazardous Waste Grant on behalf of the cities of Newark and Union City. The Fire Chief was also authorized to accept funding from the California Integrated Waste Management Board for the 2004-2007 Used Oil Recycling Block Grant.

Also approved was the second reading and adoption of an ordinance to amend the penalties for the sale of "safe and sane fireworks" to individuals under the age of 18, and redefine those organizations that may sell these fireworks in the City of Newark. If these fireworks are sold to someone under the age of 18, the seller will have to pay $1000 per day per violation to a maximum fine of $100,000.

Next was the approval of two changes to the City's Investment Policy. First, Banker's Acceptance may not exceed 180 days to maturity as the Investment Policy now reads. Second, Commercial Paper, which has been shown under the section, entitled Medium Term Note, now shown as its own security type; Medium Term Note has been removed. In addition, authorization was given to submit an application for the Adolescent Family Life Demonstration Project grant.

From the Non-consent Items, The Not-In-Newark group reported on its progress and introduced an ordinance ensuring compliance with the state law as it applies to discrimination on the basis of sexual orientation. Amendments to the Newark Municipal Code were under Administration and Personnel, Personnel System, Discrimination, Employer-Employee Relations, Petition for Recognition, Business Licenses and Regulations, CATV Regulations, Customer Service Standards, and to repeal Public peace, Morals, and Welfare-Trespass. Also approved was the presentation of the 2004-2005 Biennial Budget and Capital Improvement Plan with a work session date set for June 10th at 5:30 P.M.

Under the City Attorney Reports, the claim of Joseph I. Reitinger and USAA as subrogee for Joseph I. Reitinger was denied. On April 12, 2004, the City received a claim for $500 from Reitinger and a claim for $2,776.47 from USAA for alleged damage to his car when a City tree fell over during a storm. The claims were forwarded to the ABAG-Plan, the City's insurance administrator, who recommended that it be denied.

The only item under Council Matters was the appointment of Mel Nunes to the Senior Citizens Standing Advisory Committee. The term of Committee Member Rogelio Collazo expired on April 14, 2004 and since he did not seek reappointment, the vacancy was posted. Closed Session followed, and the Council was to confer with Labor Negotiator, personnel Director Yuki, pursuant to Government Code Section 54957.6. Also in the Closed Session, the Council was to conference with Legal Councel pursuant to Government Code Section 54956.9 (a), Existing Litigation: City of Newark v City of Fremont at Alameda Superior Court.

At the end of the meeting, Vice Mayor Alberto Torrico wished a "Happy Mother's Day" since it was Mother's Day in Bolivia and announced that he and his wife are expecting a child. Council Member Sue Johnson also announced that her son Cliff was expecting twins.